What Happens During the Discovery Phase of a Lawsuit?

You’ve had your initial meetings with your attorney, and the lawsuit has officially been filed. It feels like a significant step, but it’s natural to wonder, “What happens now?”

For many, the legal process can seem like a black box, a long period of waiting punctuated by confusing legal terms. The next and often longest phase of your case is known as discovery, and it is the single most important part of building a winning claim.

Discovery is the formal, pre-trial process where both sides of a lawsuit exchange information and evidence. Think of it as a mandatory “show your cards” phase. Its purpose is to uncover all relevant facts, identify strengths and weaknesses in each side’s case, and prevent any unexpected surprises at trial. 

Our goal is to help you understand the key components of this fact-finding mission, so you can feel more empowered and confident as your case moves forward.

Key Takeaways

• Discovery is a Fact-Finding Mission: The primary goal of discovery is for the parties in a lawsuit to formally exchange all relevant information and evidence before the trial starts. This process prevents surprises and helps establish the undisputed facts of the case.
• The Three Main Tools: The discovery process relies on three primary tools: interrogatories (written questions), Requests for Production (written demands for documents and evidence), and Depositions (oral testimony taken under oath).
• Your Attorney is Your Guide: You are not alone in this process. Your attorney will manage all discovery requests, draft responses on your behalf, and thoroughly prepare you for any required testimony, protecting your rights every step of the way.

Let’s Follow a Sample Case Through Discovery: South Jersey Slip and Fall Accident Claim

To make the discovery process easier to understand, let’s follow a hypothetical case from start to finish.

The Case: Maria is shopping at Big Box Hardware, a large chain store in Cherry Hill. She turns down an aisle and slips on a large puddle of water, falling hard and fracturing her wrist. Her injury requires surgery and months of physical therapy.

The Lawsuit: Maria hires an attorney, who files a personal injury lawsuit against Big Box Hardware. The lawsuit alleges that the store was negligent because they knew or should have known about a leaky ceiling tile that was dripping water onto the floor, but failed to clean it up or place a warning sign.

The Defense: Big Box Hardware files an Answer to the lawsuit. They deny responsibility, claiming they had no notice of the leak and that Maria probably wasn’t paying attention to where she was walking.

Now, the discovery process will begin. Both sides will utilize the tools of discovery to gather evidence that supports their claims.

What are the Three Pillars of Discovery?

The entire discovery process is built on three main pillars. Your attorney will use these tools to get information from the defendant, and the defendant’s attorney will use them to get information from you.

Pillar 1: Interrogatories (The Written Questions)

What They Are:

Interrogatories are a formal set of written questions sent by one party to the other, which must be answered in writing and under oath. Think of them as a detailed, written interview about the case.

What They Ask:

The questions are designed to gather basic factual information that will form the foundation of the case, for example:

• Questions to Big Box Hardware: Maria’s attorney will send interrogatories to the store, asking questions like:
  • “Please identify the names and job titles of all employees who were on duty at the time of the incident.”
  • “State whether you were aware of any leaks in the ceiling on or before the date of the incident.”
  • “Describe your store’s policies and procedures regarding floor inspections and cleaning.”
  • “List all other slip and fall incidents that have occurred at this location in the past five years.”

• Questions to Maria: The store’s attorney will send interrogatories to Maria, asking questions like:
  • “Please describe, in detail, how the incident occurred.”
  • “Identify all medical providers you have seen for the injuries sustained in this incident.”
  • “List the amount of any wages you claim to have lost as a result of your injuries.”
  • “Identify any and all eyewitnesses to your fall.”

Your Role in the Process: 

You will work closely with your attorney to answer the interrogatories sent by the defense. Your lawyer will review each question, help you formulate clear and accurate answers, and raise legal objections to any improper questions.

Pillar 2: Requests for Production of Documents (The Paper Trail)

What They Are:

Often sent along with interrogatories, a Request for Production of Documents (also referred to as an RFP) is a formal request for the opposing party to provide physical evidence. In today’s world, this includes documents, emails, photographs, videos, and other electronically stored information.

The “Aha!” Moment:

This is where some of the most powerful evidence in a case is often found. For Maria’s slip and fall case, her attorney would request documents from Big Box Hardware that could make or break the case, such as:

• Video Surveillance Footage: The single most important piece of evidence. The camera footage could show the water dripping, other customers avoiding the puddle, and the fall itself, which could completely refute the store’s claim that Maria was at fault.
• Maintenance and Inspection Logs: These documents would show when employees last inspected the aisle where Maria fell. A log showing no inspections for several hours helps prove the store was negligent.
• Internal Incident Reports: The report filed by the manager after Maria’s fall can contain crucial admissions or identify key witnesses.
• Work Orders for Roof Repair: A request for repair documents might show that the store knew about the leaky roof for weeks but delayed fixing it.

The store’s attorney would likely request Maria’s medical records, bills, proof of lost wages, and any photos she took of her injuries.

Pillar 3: Depositions (The Oral Testimony)

What They Are:

A deposition is the most well-known part of discovery. It is a formal, out-of-court interview where a witness (a plaintiff, defendant, or third party) answers questions from the opposing attorney under oath. A court reporter is present to create a verbatim transcript of everything that is said.

What to Expect:

The setting is typically a conference room, rather than a courtroom. There is no judge or jury present. The purpose is for attorneys to gather information, lock witnesses into their testimony so they can’t change their story later, and evaluate how a witness might appear to a jury.

In Maria’s case, several depositions would likely take place, including:

• Maria’s Deposition: The store’s attorney will question Maria about the fall, her injuries, her medical treatment, and the impact the incident has had on her life.
• The Store Manager’s Deposition: Maria’s attorney will question the manager about the store’s safety procedures, staffing levels, and what they knew about the leak.
• Employee Depositions: Maria’s attorney may depose the employee who was supposed to inspect that aisle or the employee who responded after her fall.

Preparing for Your Deposition: Your Attorney is With You Every Step of the Way

The thought of a deposition can be intimidating for anyone. This is completely normal. However, this is also where having an experienced attorney makes all the difference. Your lawyer will prepare you extensively for your deposition. This includes:

• Reviewing the key facts of your case.
• Practicing potential questions and how to answer them clearly and concisely.
• Giving you strategies for handling difficult or confusing questions.
• Reminding you of the golden rules to follow: Always tell the truth, listen carefully to the question, and never guess or speculate.

Your attorney will be by your side during the entire deposition to object to improper questions and ensure you are treated fairly.

What Happens After Discovery?

The evidence gathered during discovery sets the stage for the rest of the lawsuit. Once discovery is complete, one of three things typically happens:

1. Settlement Negotiations: A strong discovery phase often leads to a settlement. When the evidence clearly shows that the defendant was negligent (like a video of the leaking roof and an employee who saw the puddle but did nothing), their insurance company is far more likely to offer a fair settlement to avoid the risk and expense of a trial.
2. Summary Judgment Motions: One or both parties may request that the judge rule on the case based on the undisputed facts gathered during discovery, potentially ending the case without a trial.
3. Trial Preparation: If a settlement cannot be reached, the case proceeds to trial, where the evidence gathered during discovery will be presented to a judge and jury.

Frequently Asked Questions About the Discovery Process

How long does the discovery phase take?

The timeline for discovery varies widely depending on the complexity of the case. A straightforward car accident case might complete discovery in a few months, while a complex medical malpractice case could take a year or longer. Your attorney will be able to provide you with a more specific timeline based on your individual case.

Do I have to turn over all of my medical records?

You will have to provide your medical records that are relevant to the injuries you are claiming in the lawsuit. The defense has a right to see the treatment you received as a result of the incident. However, your attorney will fight to protect your privacy and object to any overly broad requests for unrelated medical history.

What if the other side lies or refuses to provide evidence?

The rules of discovery are not optional. If a party lies under oath or intentionally hides or destroys evidence (an act called “spoliation”), there can be severe legal consequences. 

Your attorney can file a motion to compel with the court, requesting that a judge order the opposing side to produce the evidence. The judge can sanction the non-compliant party with fines or even rule against them on certain issues in the case.

Does my case have to go to trial after the discovery phase?

No. In fact, the vast majority of personal injury cases—over 95%—are settled before they ever reach a courtroom. A successful and thorough discovery phase is often the key to achieving a favorable settlement, as it demonstrates the strength of your case to the opposing side.

Trust Grungo Law to be Your Experienced Guide While Navigating the Discovery Process 

The discovery process may seem long and filled with complex rules, but it is the engine that drives your lawsuit forward. It is the critical period where your legal team methodically uncovers the evidence and builds the factual foundation of your case, piece by piece. 

While it requires your patience and participation, a well-executed discovery strategy is crucial to positioning your case for a successful settlement or a favorable trial outcome.

You are not alone on the discovery journey. The experienced personal injury attorneys at Grungo Law can serve as your advocates, guides, and protectors throughout the discovery process. We can manage deadlines, craft strategic questions, defend you in depositions, and fight to get the evidence needed to win.

If you have questions about a potential personal injury claim or are concerned about what the legal process entails, contact the dedicated team at Grungo Law. We are here to demystify the process and provide the strong representation you need. Call us at (856) 548-8347 for a free consultation to discuss your case and learn more about what to expect during the litigation process.